it Nowmiflated Subcontractors 64 Dofinition of “nominated Subcontractor” 52 Objection to Nomination 53 - Payments to nominated Subcontractors 54 Evidence of Payments General Contiens In the Contract, “norninated Subcontractor" means a Subcontractor: (@) whois stated in the Contract as being a nominated Subcontractor, or (©) whom the Engineer, under Giause 13 [Variations and Adjustments], instructs the Contractor to employ as a Subcontractor. ‘The Contractor shall not be under ary obligation to employ a nominated Subcontractor against whom the Contractor raises reasonable objection by notice to the Engineer as ‘s00n as practicable, with supporting particulars, An objection shall be deemed reasonable If i arises fram (among. other things) any of the folowing metteis, unless the Employer ‘agroes to indemrify the Contractor against and from the consequences of the matter: (@) there ere reasons to believe that the Subcontractor does not have sufficient competence, resources oF financial strength, (©) the subcontract does not specify that the nominated Subcontractor shall indemnify the Contractor against and from any negligence or misuse of Goods by the nominated Subcontractor, his agents and employees; or {) the subcontract does not specify that, for the subcontracted work (including design, if any), the Nominated Subcontractor shall undertake to the Contractor such obligations and lebilties as will enable the Contractor to discharge his obligations and liabillies under the Contract, and {i] indemnify the Contractor against and from all obligations and liabilities arising under or in connection with the Contract and from the consequences of any failure by the Subcontractor to perform these ‘obligations or to full these liablties. ‘The Contractor shall pay to the nominated Subcontractor the amounts which the Engineer certlies to be due in accordance with the subcontract, These amounts plus other charges shall be included in the Contract Price in accordance with sub- paragraph (b) of Sub-Clause 13.5 [Provisional Sums], except as stated in Sub. Clause 5.4 [Evidence of Payments} Before issuing a Payment Certificate which inckides an amount payable to a nominated Subcontractor, the Engineer may request the Contractor to supply reasonable evicence that the nominated Subcontractor has received all amounts due in accordance with previous Payment Corlificates, less applicable deductions for retention or otherwise. Unioss the Contractor: (@) submits this reasonable evidence to the Engineer, or (©) @ satisfies the Engineer in writing that the Contractor is reasonably entitled to withhold or refuse to pay these amounts, and (i) submits to the Engineer reasonable evidence that the nominated ‘Subcontractor has been notified of the Contractor's entitlement, then the Employer may (at his sole discretion) pay, direct to the nominated Subcontractor, part or all of such amounts previously certified (less applicable © Fc 1900 atdeductions) as are due to the nominated Subcontractor and for which the Contractor has felled to submit the evidence described in sub-paragraphs (e) or (b) above. The Contractor shall then repay, to the Employer, the amount which the nominated Sub- contractor was directly paid by the Employer. sina Labour 64 Engagement of Except as otherwise stated in the Specification, the Contractor shall make Staff and Labour arrangements for the engagement of all staft and labour, focal or otherwise, and for their payment, housing, feeding and transport. 62 ~ - oe Rates of Wages and ‘The Contractor shall pay rates of wages, and observe conditions of labour, which are not Conditions of Labour —_lower than those established for the trade or industry where the work is carried out. If no ‘established rates or conditions are eppicable, the Contractor shall pay rales of wages and ‘observe conditions which are not lower than the general level of wages and conditions ‘observed locally by employers whose trade or Industry is sirilar to that of the Contractor 63 ----- Persons in the Service The Contractor shall not recruit, or attempt to recruit; staff and labour from amongst of Employer the Employer's Personnel, ea . —— ~ — Labour Laws The Contractor shall comply with af the relevant tabour Laws applicable to the Contractor's Personnel, including Laws relating to their employment, health, safety welfare, immigration and emigration, and shall alow them all ther legal rights. The Contractor shall require his employees to obey all applicable Laws, including those concerning safoly at work. 65 7 ee mn - Working Hours No work shail be carried out on the Site on focally recognised days of rest, or outside the normal working hours stated in the Appendix to Tender, unless: (@) otherwise stated in the Contract, {b) the Engineer gives consent, or (0) the workcis unavoidable, or necessary for the protection of ifs or property or for the safety of the Works, in which case the Contractor shall immediately advise tho Engineer. 66 oe — Facilities for Staff Except as otherwise stated in the Spectication, the Contractor shall provide and and Labour maintain all necessary accommodation and wear facitias for the Contractor's Personnel, the Contractor shall also provido faciltias for the Employer's Personnel as stated in the Specification. The Contractor shall not permit any of the Contractor's Personnel to maintain any temporary or permanent living quarters within the structures forming part of the Petmanent Works. 67 Health and Safety The Contractor shail at all times take all reasonable precautions to maintain the health and safety of the Contractor's Personnel. In colaboration with local health authorities, 22 ORO 1999) Contin of Contac for Cnc